M.Muthuramalingam, Vs The District Collector

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents herein to take appropriate action to demolish and remove the illegal encroachment made on the public road comprised in Ayan Punjai Survey No.698, situated at Marukaal Odai Street, Vazhakulam Village, Srivilliputhur Taluk, Virudhunagar District, within a time frame to be fixed by this Court, and consequently ensure free and unobstructed access to the public pathway.

¶24

2/8

¶25

https://www.mhc.tn.gov.in/judis

¶26

W.P(MD)No.6167 of 2026

¶27

For Petitioner : Mr.K.B.Suryaanumathprabu For Respondents : Mr.A.Kannan (R1 to R5 & R8) Additional Government Pleader : Mr.K.Sanjai Gandhi (R6 & R7) Government Advocate (Criminal Side)

¶28

ORDER

¶29

(Order of the Court was made by N.SATHISH KUMAR, J.)

¶30

The petitioner has filed the present Writ Petition seeking a direction to the respondents herein to take appropriate action to demolish and remove the illegal encroachment made on the public road comprised in Ayan Punjai Survey No.698, situated at Marukaal Odai Street, Vazhakulam Village, Srivilliputhur Taluk, Virudhunagar District, within a time frame to be fixed by this Court and consequently ensure free and unobstructed access to the public pathway.

¶31

2.It is the contention of the petitioner that certain individuals of

¶32

his village have unlawfully attempted to put up illegal construction, as the said land forms part of a public street, and such construction would cause

¶33

3/8

¶34

https://www.mhc.tn.gov.in/judis

¶35

W.P(MD)No.6167 of 2026

¶36

obstruction, inconvenience, and hardship not only to the petitioner but also to the general public using the said road. In this regard, the petitioner submitted a representation dated 26.01.2026 before the authority concerned. Since the same has not been considered so far, the petitioner has filed the present Writ Petition.

¶37

3.The learned Additional Government Pleader appearing for respondents 1 to 5 and 8, on instructions, submitted that the encroachments have been identified by the Tahsildar, Srivilliputhur, by proceedings dated 21.02.2026. However, the removal has to be carried out only by the Executive Officer of the Mamsapuram Town Panchayat, and he has not been arrayed as a party to the Writ Petition.

¶38

4.Hence, the Executive Officer, Mamsapuram Town Panchayat, Virudhunagar District, is suo motu impleaded as the eighth respondent in the Writ Petition.

¶39

4/8

¶40

https://www.mhc.tn.gov.in/judis

¶41

W.P(MD)No.6167 of 2026

¶42

5.Admittedly, the encroachment has been identified by the Tahsildar by proceedings dated 21.02.2026, and he has recommended the removal of the same by the Executive Officer. Therefore, the newly impleaded eighth respondent is directed to consider the proceedings of the Tahsildar, dated 21.02.2026 and take appropriate action on merits and in accordance with law, after affording sufficient opportunity to all the parties concerned, including private parties, if any, and by following due process of law. Such exercise shall be completed within a period of two months from the date of receipt of a copy of this order.

¶43

6.With the above direction, this Writ Petition is disposed of.

¶44

There shall be no order as to costs.

¶45

[N.S.K.,J.] [M.J.R.,J.] 06.03.2026

¶46

NCC : Yes / No Index : Yes / No Internet : Yes ps

¶47

5/8

¶48

https://www.mhc.tn.gov.in/judis